Heyer v. Flaig

449 P.2d 161 (1969)

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Nature of the Case

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Facts

Kilburn, testatrix, retained Flaig (D) to prepare her will. Kilburn wanted her estate to pass to her two daughters and that she also intended to marry a Glen Kilburn. Kilburn executed the will on December 21 and then married Glen on December 31st. Kilburn died on July 9th of the next year, and Glen claimed a portion of the estate as a post testamentary spouse. Heyer (P) alleges that D failed to advise Kilburn of the consequences of a post testamentary marriage and negligently failed to include in the will any provision as to the intended marriage. P sued for $50,000 in damages and asked for punitive damages. D demurred because P filed two years after the commission of the negligent act, the drafting of the will. The trial court sustained the demurrer, and the action was dismissed. P appealed.